The following is a legal agreement between you, the QuickStock user, Videodisc Systems Corp. and Cinema Network, Inc. ("VSC/CN"). Read this agreement carfully before using this product. By using this product you are agreeing to be bound by all the terms and conditions of this agreement. If you do not wish to enter into this agreement, you may, within fifteen (15) days, destroy the QuickStock CD-ROM or give it to someone else.
Certain files on the enclosed QuickStock CD are enabled for your immediate use. Other files are locked to prevent your use. Subject to the terms and conditions herein, Videodisc Systems Corp. and Cinema Network, Inc. grant you a non-exclusive. personal license to use the enabled QuickStock files and the associated cataloging software stored on the enclosed QuickStock CD. If you desire to unlock additional QuickStock files, you must contact VSC/CN's distributor Adobe Systems Incorporated ("Adobe") at 1-800-68-ADOBE and remit VSC/CN's applicable license fee to Adobe. On behalf of VSC/CN, Adobe will then provide you with a password that you may use to unlock the desired QuickStock files. You agree not to attempt to unlock any QuickStock files without first paying to Adobe the applicable license fee.
VSC/CN IS THE SUPPLIER OF THE QUICKSTOCK CD, NOT ADOBE. Adobe does not make any warranties or representations regarding the QuickStock CD, any QuickStock files therein, the associated Documentation or any passwords provided for the purposes of unlocking QuickStock files. ADOBE AND VSC/CN SHALL NOT BE LIABLE TO END USER FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCTS LIABILITY OR OTHERWISE, EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VIDEODISC SYSTEMS CORP.'S LICENSOR(S) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. VIDEODISC SYSTEMS CORP.'S LICENSOR(S) DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL VIDEODISC SYSTEMS CORP. AND ITS LICENSOR(S), AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FRO ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF VIDEODISC SYSTEMS CORP.'S LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
VIDEODISC SYSTEMS CORP.'S LICENSOR(S) LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) WILL BE LIMITED TO $50.
** TERMS AND CONDITIONS AND LIMITED, NON-EXCLUSIVE USAGE RIGHTS FOR IMAGES INCORPORATED INTO THE "QUICKSTOCK CD" PRODUCT **
All images, moving and still, contained on the QuickStock CD shall hereinafter collectively be referred to as the "Images".
Cinema Network, Inc. ("Cinenet") is the sole owner and copyright holder to all Images incorporated in the QuickStock CD. As such, Cinenet reserves all rights to the Images worldwide and agrees only to allow limited, non-exclusive access and usage rights to the User of the QuickStock CD and/or Images as set forth herein only. No other use or access to the Images is hereby granted or implied without further license and written authorization from Cinenet. Any questions relating to use or license of the Images or the QuickStock CD should be directed to:
Cinema Network, Inc.
2235 First Street, Suite 111
Simi Valley, CA 93065 USA
(805) 527-0093
fax: (805) 527-0305
1) The Images may be previewed on a computer screen only as intended and allowed by the software incorporated into the QuickStock CD. Any other form of viewing or use is not granted until an Image is unlocked utilizing authorized access. Such access shall limit the User of the Images to specific rights as outlined herein. Information for obtaining legal, authorized access to the Images shall be incorporated into the QuickStock CD and/or its packaging. No other access to the Images shall be authorized and all use of the Images is limited. Any unauthorized used or access of the Product or the Images is a violation of applicable copyright and other laws.
2) Authorized access of the Images only grants the licensed User limited, non-exclusive, non-broadcast rights to the Images as follows:
2.A) Images may only be utilized by the User who has been granted authorized access to the Images. Distribution, copying, or any other form of reproduction or use utilizing current or future means of technology is strictly prohibited.
2.B) Once accessed, the Images may only be utilized for non-broadcast, non-commercial applications designed for personal use as a desk-top publishing tool or other personal computer use only.
2.C) Images may not be incorporated in any broadcast, non-broadcast, commercially released product, presentation, promotion, advertisement, print media or other use including all other forms of reproduction or use including, but not limited to, all forms of electronic, digital or video media devised now or in the future.
2.D) To obtain usage rights other than as outlined herein and/or broadcast quality film or video elements of the Images, the user must contact Cinenet directly. In addition to the Images contained within the QuickStock CD, Cinenet holds an extensive collection of other film and video imagery that is available as stock footage.
3.) The User of the QuickStock CD and or the Images, is under legal limitations subject to severe penalties for unauthorized use of the QuickStock CD and/or the Images. By using the QuickStock CD and/or by accessing the Images, the User has so indicated to Cinenet that it understands and accepts the terms and conditions and the limited access rights to the Images and to the QuickStock CD. To avoid litigation, the User is cautioned and advised by Cinenet to avoid deliberate unauthorized use of the limited rights contained herein. If the User has any questions or concerns regarding its limited rights to the QuickStock CD and/or the use of the Images, it should contact Cinenet directly.
4.) The terms, conditions, content, subject matter and rights conveyed herein are subject to the laws governing such contractual limitations in the State of California (USA). All rights not expressly conveyed herein are reserved by Cinenet.
5.) Trademarks. Cinenet is a registered trademark of Cinema Network, Inc., a California Corporation, as such, all rights worldwide are reserved by Cinenet. QuickStock is a trademark of Cinema Network, Inc., a California Corporation, as such, all rights worldwide are reserved by Cinenet.
6.) Indemnification.
6.A) You hereby agree to indemnify and hold harmless VSC/CN from any and all claims, expenses and liability of any kind arising our of or in connection with any use of the Images.
6.B) This license is not assignable or transferable by you.
6.C) VSC/CN reserves the right to withdraw any portion of the QuickStock CD Images from this License. VSC/CN shall also have the right to terminate this License at any time upon payment of the cost to you of the Images. In the event of breach of this License Agreement by you, VSC/CN may terminate this License without further notice and without payment.
7.) Limited Warranty and Disclaimer. The QuickStock CD, including but not limited to the Images, is provided "as is". VSC/CN makes no warranty of any kind, either express or implied including, but not limited to, implied warranties of the merchantability, fitness for a particular purpose, its compatibility with other computer products or the quality of its Images. Your sole remedy against VSC/CN shall be limited to repair or replacement of the the Images. VSC/CN will not be liable for any other direct, indirect, consequential or incidental damages sustained or incurred in connection with the use, operation or inability to use the Images. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
